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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Diesel and
Alternative Fuels Grants Scheme Bill
1999
No. ,
1999
(Treasury)
A Bill
for an Act to provide for grants for use of diesel fuels and alternative fuels
in road transport, and for related purposes
ISBN: 0642
404895
Contents
A Bill for an Act to provide for grants for use of diesel
fuels and alternative fuels in road transport, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Diesel and Alternative Fuels Grants
Scheme Act 1999.
(1) Subject to subsections (2) and (5), this Act commences:
(a) if the Diesel and Alternative Fuels Grants Scheme (Administration
and Compliance) Act 1999 commences on or after 1 July 2000—on the
commencement of that Act; or
(b) if that Act commences before 1 July 2000—on 1 July
2000.
(2) If, before the day on which this Act would (but for this subsection
and subsection (5)) commence under subsection (1), vehicle standards have not
been determined under section 7 of the Motor Vehicle Standards Act 1989
that:
(a) relate to motor vehicle emission standards; and
(b) adopt the technical requirements, relating to motor vehicle emission
standards, of the following:
(i) Regulation 83/03 of the United Nations Economic Commission for Europe,
relating to uniform provisions concerning the approval of vehicles with regard
to the emission of pollutants according to engine fuel requirements;
(ii) subject to subsection (3), European Council Directive 98/69/EC,
relating to measures to be taken against air pollution by emissions from motor
vehicles and amending European Council Directive 70/220/EEC;
(iii) a European Council Directive, made after 1 July 1999, amending
European Council Directive 88/77/EEC and relating to measures to be taken
against the emission of gaseous and particulate pollutants from diesel engines
for use in vehicles; and
(c) come into effect as specified in subsection (4);
this Act does not commence until the day on which those vehicle standards
are determined.
(3) Subparagraph (2)(b)(ii) does not apply to the extent that the
technical requirements in European Council Directive 98/69/EC relate to the
standard commonly known as Euro 4, for emissions from petrol vehicles.
(4) The vehicle standards must come into effect as follows:
(a) in relation to the technical requirements referred to in subparagraph
(2)(b)(i):
(i) from 1 January 2002 for light diesel vehicles that are models first
produced on or after 1 January 2002; and
(ii) from 1 January 2003 for all light diesel vehicles produced on or
after 1 January 2003; and
(iii) from 1 January 2003 for petrol vehicles that are models first
produced on or after 1 January 2003; and
(iv) from 1 January 2004 for all petrol vehicles produced on or after 1
January 2004;
(b) in relation to the technical requirements referred to in subparagraph
(2)(b)(ii):
(i) from 1 January 2005 for petrol vehicles that are models first produced
on or after 1 January 2005; and
(ii) from 1 January 2006 for all petrol vehicles produced on or after 1
January 2006; and
(iii) from 1 January 2006 for light diesel vehicles that are models first
produced on or after 1 January 2006; and
(iv) from 1 January 2007 for all light diesel vehicles produced on or
after 1 January 2007;
(c) in relation to the technical requirements referred to in subparagraph
(2)(b)(iii) to the extent that they relate to the standard commonly known as
Euro 3:
(i) from 1 January 2002 for medium and heavy diesel vehicles that are
models first produced on or after 1 January 2002; and
(ii) from 1 January 2003 for medium and heavy diesel vehicles produced on
or after 1 January 2003;
(d) in relation to the technical requirements referred to in subparagraph
(2)(b)(iii) to the extent that they relate to the standard commonly known as
Euro 4:
(i) from 1 January 2006 for medium and heavy diesel vehicles that are
models first produced on or after 1 January 2006; and
(ii) from 1 January 2007 for medium and heavy diesel vehicles produced on
or after 1 January 2007.
(5) If, before the day on which this Act would (but for subsection (2) and
this subsection) commence under subsection (1), there have not been
appropriated, for the purposes of the programs referred to in the second column
of an item in the table:
(a) in respect of the financial year starting on 1 July 2000—the
amount referred to in the third column of that item; and
(b) in respect of the financial year starting on 1 July 2001—the
amount referred to in the fourth column of that item; and
(c) in respect of the financial year starting on 1 July 2002—the
amount referred to in the fifth column of that item; and
(d) in respect of the financial year starting on 1 July 2003—the
amount referred to in the sixth column of that item;
this Act does not commence until the day on which one or more Acts have
appropriated those amounts for those purposes.
|
Amounts to be appropriated |
|||||
|---|---|---|---|---|---|
|
|
Program |
Financial years |
|||
|
2000/01 |
2001/02 |
2002/03 |
2003/04 |
||
|
|
|
($ million) |
($ million) |
($ million) |
($ million) |
|
1 |
CNG and LPG vehicle conversions |
15 |
20 |
20 |
20 |
|
2 |
Oil recycling infrastructure |
15 |
15 |
15 |
15 |
|
3 |
Household voltaic system grants |
4 |
6 |
9 |
12 |
|
4 |
Greenpower investment program |
4 |
5 |
7 |
10 |
|
5 |
Remote power renewable energy |
66 |
66 |
66 |
66 |
|
6 |
Diesel National Environment Protection Measure emissions testing |
10 |
10 |
10 |
10 |
|
7 |
Greenhouse gas abatement program |
100 |
100 |
100 |
100 |
|
|
Total |
213 |
223 |
227 |
233 |
(6) If
one only of subsection (2) and (5) applies, this Act commences when the
requirements of the applicable subsection are complied with.
(7) If both subsections (2) and (5) apply, this Act commences when the
requirements of both those subsections are complied with.
This Act binds the Crown in right of each of the States, of the
Australian Capital Territory and of the Northern Territory. However, it does not
make the Crown liable to be prosecuted for an offence.
(1) The Parliament acknowledges that the Commonwealth intends to
replace:
(a) grants under this Act; and
(b) the Diesel Fuel Rebate Scheme under the Customs Act 1901 and
the Excise Act 1901;
with an Energy Grants (Credits) Scheme to start on 1 July 2002 or
earlier.
(2) The purpose of the Energy Grants (Credits) Scheme will be to provide
active encouragement for the move to the use of cleaner fuels by measures
additional to those under this Act, while at the same time maintaining
entitlements that are equivalent to those under this Act and the Diesel Fuel
Rebate Scheme, including for use of alternative fuels.
(3) In the case of diesel fuel, the Commonwealth intends to restrict
entitlements available under the Energy Grants (Credits) Scheme to ultra low
sulphur diesel from 1 January 2006 when a mandatory standard of 50 parts per
million of sulphur will come into effect.
In this Act, unless the contrary intention appears:
ABN has the meaning given by section 41 of the A New Tax
System (Australian Business Number) Act 1999.
alternative fuel means:
(a) compressed natural gas; or
(b) liquefied petroleum gas; or
(c) recycled waste oil; or
(d) ethanol; or
(e) canola oil; or
(f) such other fuel as is specified in the regulations.
approved form has the meaning given by section 18.
carrying on an enterprise includes doing anything in the
course of the commencement or termination of the enterprise.
Commissioner means the Commissioner of Taxation.
diesel fuel has the meaning given by the
regulations.
fuel grant means a grant payable under this Act.
enterprise has the meaning given by section 38 of the A
New Tax System (Australian Business Number) Act 1999.
entity has the meaning given by section 37 of the A New
Tax System (Australian Business Number) Act 1999.
grant period has the meaning given by section 14.
gross vehicle mass, in relation to a vehicle,
means:
(a) if the vehicle is not a prime mover—the maximum laden mass
specified by the manufacturer of the vehicle in respect of the vehicle;
or
(b) if the vehicle is a prime mover—the gross combination mass of
the vehicle within the meaning of the Interstate Road Transport Regulations
1986.
import into Australia: You import diesel fuel or alternative
fuel into Australia if:
(a) you enter the goods for home consumption (within the meaning of the
Customs Act 1901); and
(b) at the time they are so entered for home consumption, you are the
owner (within the meaning of that Act) of the goods.
metropolitan area has the meaning given by section
6.
prime mover has the meaning given by the Interstate Road
Transport Regulations 1986.
type of fuel: each of the following is a type of
fuel:
(a) diesel fuel;
(b) each of the kinds of fuel referred to in paragraphs (a) to (e) of the
definition of alternative fuel;
(c) each kind of fuel (if any) specified in regulations made for the
purposes of paragraph (f) of that definition.
you: if a provision of this Act uses the expression
you, it applies to entities generally, unless its application is
expressly limited.
Note: The expression you is not used in
provisions that apply only to entities that are not
individuals.
(1) These are the metropolitan areas:
(a) the Newcastle-Sydney-Wollongong metropolitan area;
(b) the Melbourne-Geelong metropolitan area;
(c) the Sunshine Coast-Brisbane-Gold Coast metropolitan area;
(d) the Perth metropolitan area;
(e) the Adelaide metropolitan area;
(f) the Canberra metropolitan area.
(2) The area included in each metropolitan area referred to in subsection
(1) is the area specified in the regulations in relation to that metropolitan
area.
(1) You may apply for registration for entitlement to fuel grants in
respect of a particular vehicle. The application must:
(a) be in the approved form; and
(b) include such information relating to the vehicle as is specified in
the regulations.
(2) If you apply in accordance with subsection (1), the Commissioner must
register you for entitlement to fuel grants in respect of the vehicle if the
Commissioner is satisfied that:
(a) you have an ABN; and
(b) you use, or propose to use, in Australia diesel fuel or alternative
fuel in the vehicle for the purposes of an enterprise that you carry on;
and
(c) the vehicle has a gross vehicle mass of 4.5 tonnes or more and is
registered for use on public roads.
(1) If the Commissioner refuses your application for registration, the
Commissioner must give you written notice of:
(a) the refusal; and
(b) the reasons for the refusal.
Note: Sections 27A and 27B of the Administrative Appeals
Tribunal Act 1975 require the notice to be accompanied by a statement of
your right to seek AAT review.
(2) If the Commissioner has not decided your application for registration
within 28 days after your application is made, you may, at any time, give the
Commissioner written notice that you wish to treat your application as having
been refused.
(3) For the purposes of section 17, if you give notice under subsection
(2), the Commissioner is taken to have refused your application for registration
on the day on which the notice is given.
(1) You are entitled to a fuel grant for the use of diesel fuel or
alternative fuel in a vehicle that has a gross vehicle mass of 20 tonnes or more
if:
(a) you are registered for entitlement to fuel grants in respect of the
vehicle; and
(b) you purchased the diesel fuel or alternative fuel, or imported
it into Australia.
(2) However, you are only entitled to the grant to the extent that you use
the diesel fuel or alternative fuel, in carrying on your enterprise, in
operating the vehicle on a public road in Australia.
(1) You are entitled to a fuel grant for the use of diesel fuel or
alternative fuel in a vehicle that has a gross vehicle mass of 4.5 tonnes or
more, but less than 20 tonnes, if:
(a) you are registered for entitlement to fuel grants in respect of the
vehicle; and
(b) the vehicle is a vehicle for transporting passengers or goods;
and
(c) you purchased the diesel fuel or alternative fuel, or imported it into
Australia.
(2) However, you are only entitled to the grant to the extent that you use
the diesel fuel or alternative fuel, in carrying on your enterprise, in
operating the vehicle on a public road in Australia on a journey:
(a) between a point outside the metropolitan areas and another point
outside the metropolitan areas; or
(b) between a point outside the metropolitan areas and a point inside a
metropolitan area; or
(c) between different metropolitan areas.
(1) If you are entitled to a fuel grant in respect of the use, during a
grant period, of diesel fuel or alternative fuel in operating the vehicle in
question, the amount of the fuel grant for the grant period is worked out by
multiplying:
(a) the number of litres ( or, if the fuel is a gas, the number of cubic
metres) of the type of fuel in question used during the period; and
(b) the amount per litre ( or, if the fuel is a gas, the amount per cubic
metre) specified in the regulations in respect of that type of fuel.
(2) However, the amount cannot exceed the amount payable by you for the
diesel fuel or alternative fuel.
(3) If you are entitled to a fuel grant in respect of the use, during a
grant period, of more than one type of fuel in operating the vehicle in
question, amounts of fuel grants for the grant period are worked out separately
in respect of each of those types of fuel.
Despite the other provisions of this Part, fuel grants are not payable
for use of diesel fuel or alternative fuel on or after 1 July 2002.
Despite the other provisions of this Part, fuel grants are not payable
for use of diesel fuel or alternative fuel if a rebate is payable in respect of
the fuel under section 164 of the Customs Act 1901 or section 78A of the
Excise Act 1901.
(1) You may choose the grant periods applying to you, but
they must be one of the following:
(a) each calendar month;
(b) each period of 3 months ending on 31 March, 30 June, 30 September or
31 December in any year;
(c) each calendar year.
You must notify the Commissioner, in the approved form, of your choice of
grant periods.
(2) However, the grant periods for entities of a kind in
respect of which a determination under subsection (3) is in force are the
periods worked out in accordance with that determination.
(3) The Commissioner may, in writing, determine the grant periods for
entities of a kind specified in the determination.
(1) If you are entitled to a fuel grant in respect of a grant period, you
may claim for payment of the grant within 21 days after the end of the
period.
(2) The claim:
(a) may relate to all the vehicles in respect of which the entity is
entitled to a fuel grant in respect of the grant period in question;
and
(b) must be in the approved form; and
(c) must be signed by you, unless it is transmitted to the Commissioner in
an electronic format approved by the Commissioner and contains your electronic
signature.
(3) However, you cannot make more than one claim under this section, in
respect of a grant period, relating to use of the same type of fuel.
(4) In this section:
electronic signature means an entity’s unique
identification in an electronic form that is approved by the
Commissioner.
(1) If:
(a) you are entitled to a fuel grant in respect of a grant period;
and
(b) you have made a claim under section 15 for the fuel grant;
the Commissioner must, on behalf of the Commonwealth, pay that amount of
the entitlement to you.
(2) Fuel grants are payable by the Commonwealth in the manner determined
by the Commissioner.
(1) An application may be made to the Administrative Appeals Tribunal for
a review of a decision of the Commissioner:
(a) refusing an application for registration under section 7; or
(b) refusing to make a payment of a fuel grant under section 16;
or
(c) as to the amount of such a payment.
(2) In this section:
decision has the same meaning as in the Administrative Appeals
Tribunal Act 1975.
(1) A notice, application or other document is in the approved
form if:
(a) it is in the form approved in writing by the Commissioner in relation
to that kind of notice, application or other document; and
(b) it contains the information that the form requires, and such further
information as the Commissioner requires; and
(c) it is given, to the entity to which it is required to be given, in the
manner (if any) that the Commissioner requires; and
(d) it is, if required by this Act to be given to the Commissioner, lodged
at the place that the Commissioner requires.
(2) The Commissioner may combine in the same approved form more than one
notice, application or other document.
Grants payable under this Act must be paid out of the Consolidated
Revenue Fund, which is appropriated accordingly.
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.